Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Article 2(2)(a) of the Convention. Compulsory military service. In its previous comments, the Committee noted the Government’s statement that all citizens have the obligation to participate in the military service or the militia and self-defence forces, and participation in one service will exempt a person from the obligation to serve in the other. Section 8(3) of the Law on Militia and Self-Defence Forces of 2009 provides that the tasks of the militia and self-defence forces include, inter alia, protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments. The Government indicated that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty. Between July 2010 and December 2012, the militia and self-defence forces had 163,124 enlisted persons who worked 2,508,812 working days.

The Committee notes the Government’s information in its report that the involvement of militia and self-defence forces in the construction of infrastructure projects and public welfare projects at the grassroots level are conducted on the basis of discussions and self-determination, pursuant to the Ordinance on the democracy in communes, wards and townships No. 34/2007/PL-NASC11. The Committee also notes that, according to section 9 of the Law on Militia and Self-Defence Forces of 2009, Vietnamese citizens aged between 18 and 45 years for men and between 18 and 40 years for women are obliged to join militia or self-defence forces. Its section 10 provides that the term of service in the militia and self-defence force is four years. Moreover, based on the practical situation, the nature of tasks and work requirements, the term of service in the militia and self-defence force may be prolonged for not more than two years for militia persons, or for a longer period for self-defence members and commanders of militia and self-defence units until they reach the age limits. This decision is taken by the chairpersons of People’s Committees at the commune level and heads of agencies or organizations.

The Committee observes that, in view of its duration, scope and the broad range of work performed, labour exacted from the population in the framework of compulsory service in the militia and self-defence force goes beyond the exceptions authorized by Article 2(2)(c) of the Convention. The Committee reminds the Government that compulsory military service is excluded from the scope of the Convention, provided that it is used “for work of a purely military character”. This condition is aimed specifically at preventing the call-up of conscripts for public works (see 2012 General Survey on the fundamental Conventions, paragraph 274). The Committee therefore urges the Government to take the necessary measures, in law and practice, to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature. It also requests the Government to provide information on the number of persons performing compulsory service in the militia and self-defence forces.

Article 25. Penal sanctions for forced labour. The Committee previously noted that section 8(3) of the Labour Code of 2012 prohibits the exaction of forced labour. Section 239 of the Labour Code states that persons who violate the Code’s provisions, depending on the nature and seriousness of their violations, shall be disciplined and administratively sanctioned or prosecuted for criminal liability. In this regard, the Committee noted the Government’s statement that the Ministry of Justice was conducting consultations on the contents of the Criminal Code, and had requested the Government to include the criminal offence of forced labour to the Criminal Code.

The Committee notes with satisfaction that the Criminal Code (No. 100/2015/QH13) was adopted on 27 November 2015, section 297 of which provides for penal liability for coercive labour. According to it, any person who uses violence or threat of violence or other methods to force a person to work against his/her will is punishable by a fine of from 50 million to 200 million Vietnamese dong (approximately US$2,195–$8,782) or imprisonment from six months to 12 years. The Committee requests the Government to provide information on the application of section 297 of the Criminal Code of 2015 in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.